Amendment
Bill No. CS/CS/SB 1696

Amendment No. 227495

CHAMBER ACTION
Senate		House
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1	Representative Weatherford offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 1009.21, Florida Statutes, is amended
7	to read:
8	1009.21  Determination of resident status for tuition
9	purposes.--Students shall be classified as residents or
10	nonresidents for the purpose of assessing tuition in community
11	colleges and state universities.
12	(1)  As used in this section, the term:
13	(a)  The term "Dependent child" means any person, whether
14	or not living with his or her parent, who is eligible to be
15	claimed by his or her parent as a dependent under the federal
16	income tax code.
17	(b)  "Initial enrollment" means the first day of class at
18	an institution of higher education.
19	(c)(b)  The term "Institution of higher education" means
20	any public community college as defined in s. 1000.21(3) or
21	state university as defined in s. 1000.21(6).
22	(d)(c)  A "Legal resident" or "resident" means is a person
23	who has maintained his or her residence in this state for the
24	preceding year, has purchased a home which is occupied by him or
25	her as his or her residence, or has established a domicile in
26	this state pursuant to s. 222.17.
27	(e)  "Nonresident for tuition purposes" means a person who
28	does not qualify for the in-state tuition rate.
29	(f)(d)  The term "Parent" means the natural or adoptive
30	parent or legal guardian of a dependent child.
31	(g)(e)  A "Resident for tuition purposes" means is a person
32	who qualifies as provided in subsection (2) for the in-state
33	tuition rate; a "nonresident for tuition purposes" is a person
34	who does not qualify for the in-state tuition rate.
35	(2)(a)  To qualify as a resident for tuition purposes:
36	1.  A person or, if that person is a dependent child, his
37	or her parent or parents must have established legal residence
38	in this state and must have maintained legal residence in this
39	state for at least 12 consecutive months immediately prior to
40	his or her initial enrollment in an institution of higher
41	education qualification. Legal residence must be established by
42	written or electronic verification that includes two or more of
43	the following Florida documents that demonstrate clear and
44	convincing evidence of continuous residence in the state for at
45	least 12 consecutive months prior to the student's initial
46	enrollment in an institution of higher education: a voter
47	information card pursuant to s. 97.071; a driver's license; an
48	identification card issued by the state; a vehicle registration;
49	a declaration of domicile; proof of purchase of a permanent
50	home; proof of a homestead exemption in the state; a transcript
51	from a Florida high school; a Florida high school equivalency
52	diploma and transcript; proof of permanent full-time employment;
53	proof of 12 consecutive months of payment of utility bills; a
54	domicile lease and proof of 12 consecutive months of payments;
55	or other official state or court documents evidencing legal ties
56	to the state. No single piece of evidence shall be conclusive.
57	2.  Every applicant for admission to an institution of
58	higher education shall be required to make a statement as to his
59	or her length of residence in the state and, further, shall
60	establish that his or her presence or, if the applicant is a
61	dependent child, the presence of his or her parent or parents in
62	the state currently is, and during the requisite 12-month
63	qualifying period was, for the purpose of maintaining a bona
64	fide domicile, rather than for the purpose of maintaining a mere
65	temporary residence or abode incident to enrollment in an
66	institution of higher education.
67	(b)  However, with respect to a dependent child living with
68	an adult relative other than the child's parent, such child may
69	qualify as a resident for tuition purposes if the adult relative
70	is a legal resident who has maintained legal residence in this
71	state for at least 12 consecutive months immediately prior to
72	the child's initial enrollment in an institution of higher
73	education qualification, provided the child has resided
74	continuously with such relative for the 5 years immediately
75	prior to the child's initial enrollment in an institution of
76	higher education qualification, during which time the adult
77	relative has exercised day-to-day care, supervision, and control
78	of the child.
79	(c)  The legal residence of a dependent child whose parents
80	are divorced, separated, or otherwise living apart will be
81	deemed to be this state if either parent is a legal resident of
82	this state, regardless of which parent is entitled to claim, and
83	does in fact claim, the minor as a dependent pursuant to federal
84	individual income tax provisions.
85	(d)  A person who is classified as a nonresident for
86	tuition purposes may become eligible for reclassification as a
87	resident for tuition purposes if that person or, if that person
88	is a dependent child, his or her parent presents clear and
89	convincing evidence that supports permanent residency in this
90	state rather than temporary residency for the purpose of
91	pursuing an education, such as documentation of full-time
92	permanent employment for the prior 12 months or the purchase of
93	a home in this state and residence therein for the prior 12
94	months while not enrolled in an institution of higher education.
95	If a person who is a dependent child and his or her parent move
96	to this state while such child is a high school student and the
97	child graduates from a high school in this state, the child may
98	become eligible for reclassification as a resident for tuition
99	purposes when the parent qualifies for permanent residency.
100	(3)(a)  An individual shall not be classified as a resident
101	for tuition purposes and, thus, shall not be eligible to receive
102	the in-state tuition rate until he or she has provided such
103	evidence related to legal residence and its duration or, if that
104	individual is a dependent child, documentation of his or her
105	parent's legal residence and its duration, as well as
106	documentation confirming his or her status as a dependent child,
107	as may be required by law and by officials of the institution of
108	higher education from which he or she seeks the in-state tuition
109	rate. The documentation shall provide clear and convincing
110	evidence that residency in this state was for a minimum of 12
111	consecutive months prior to the student's initial enrollment in
112	an institution of higher education. No single piece of evidence
113	shall be conclusive.
114	(b)  Each institution of higher learning shall:
115	1.  Determine whether an applicant who has been granted
116	admission to that institution is a dependent child.
117	2.  Affirmatively determine that an applicant who has been
118	granted admission to that institution as a Florida resident
119	meets the residency requirements of this section at the time of
120	initial enrollment.
121	(4)  With respect to a dependent child, the legal residence
122	of the dependent child's such individual's parent or parents is
123	prima facie evidence of the dependent child's individual's legal
124	residence, which evidence may be reinforced or rebutted,
125	relative to the age and general circumstances of the dependent
126	child individual, by the other evidence of legal residence
127	required of or presented by the dependent child individual.
128	However, the legal residence of a dependent child's an
129	individual whose parent or parents who are domiciled outside
130	this state is not prima facie evidence of the dependent child's
131	individual's legal residence if that dependent child individual
132	has lived in this state for 5 consecutive years prior to
133	enrolling or reregistering at the institution of higher
134	education at which resident status for tuition purposes is
135	sought.
136	(5)  In making a domiciliary determination related to the
137	classification of a person as a resident or nonresident for
138	tuition purposes, the domicile of a married person, irrespective
139	of sex, shall be determined, as in the case of an unmarried
140	person, by reference to all relevant evidence of domiciliary
141	intent. For the purposes of this section:
142	(a)  A person shall not be precluded from establishing or
143	maintaining legal residence in this state and subsequently
144	qualifying or continuing to qualify as a resident for tuition
145	purposes solely by reason of marriage to a person domiciled
146	outside this state, even when that person's spouse continues to
147	be domiciled outside of this state, provided such person
148	maintains his or her legal residence in this state.
149	(b)  A person shall not be deemed to have established or
150	maintained a legal residence in this state and subsequently to
151	have qualified or continued to qualify as a resident for tuition
152	purposes solely by reason of marriage to a person domiciled in
153	this state.
154	(c)  In determining the domicile of a married person,
155	irrespective of sex, the fact of the marriage and the place of
156	domicile of such person's spouse shall be deemed relevant
157	evidence to be considered in ascertaining domiciliary intent.
158	(6)  Any nonresident person, irrespective of sex, who
159	marries a legal resident of this state or marries a person who
160	later becomes a legal resident may, upon becoming a legal
161	resident of this state, accede to the benefit of the spouse's
162	immediately precedent duration as a legal resident for purposes
163	of satisfying the 12-month durational requirement of this
164	section.
165	(7)  A person shall not lose his or her resident status for
166	tuition purposes solely by reason of serving, or, if such person
167	is a dependent child, by reason of his or her parent's or
168	parents' serving, in the Armed Forces outside this state.
169	(8)  A person who has been properly classified as a
170	resident for tuition purposes but who, while enrolled in an
171	institution of higher education in this state, loses his or her
172	resident tuition status because the person or, if he or she is a
173	dependent child, the person's parent or parents establish
174	domicile or legal residence elsewhere shall continue to enjoy
175	the in-state tuition rate for a statutory grace period, which
176	period shall be measured from the date on which the
177	circumstances arose that culminated in the loss of resident
178	tuition status and shall continue for 12 months. However, if the
179	12-month grace period ends during a semester or academic term
180	for which such former resident is enrolled, such grace period
181	shall be extended to the end of that semester or academic term.
182	(9)  Any person who ceases to be enrolled at or who
183	graduates from an institution of higher education while
184	classified as a resident for tuition purposes and who
185	subsequently abandons his or her domicile in this state shall be
186	permitted to reenroll at an institution of higher education in
187	this state as a resident for tuition purposes without the
188	necessity of meeting the 12-month durational requirement of this
189	section if that person has reestablished his or her domicile in
190	this state within 12 months of such abandonment and continuously
191	maintains the reestablished domicile during the period of
192	enrollment. The benefit of this subsection shall not be accorded
193	more than once to any one person.
194	(10)  The following persons shall be classified as
195	residents for tuition purposes:
196	(a)  Active duty members of the Armed Services of the
197	United States residing or stationed in this state, their
198	spouses, and dependent children, and active members of the
199	Florida National Guard who qualify under s. 250.10(7) and (8)
200	for the tuition assistance program.
201	(b)  Active duty members of the Armed Services of the
202	United States and their spouses and dependents attending a
203	public community college or state university within 50 miles of
204	the military establishment where they are stationed, if such
205	military establishment is within a county contiguous to Florida.
206	(c)  United States citizens living on the Isthmus of
207	Panama, who have completed 12 consecutive months of college work
208	at the Florida State University Panama Canal Branch, and their
209	spouses and dependent children.
210	(d)  Full-time instructional and administrative personnel
211	employed by state public schools, community colleges, and
212	institutions of higher education, as defined in s. 1000.04, and
213	their spouses and dependent children.
214	(e)  Students from Latin America and the Caribbean who
215	receive scholarships from the federal or state government. Any
216	student classified pursuant to this paragraph shall attend, on a
217	full-time basis, a Florida institution of higher education.
218	(f)  Southern Regional Education Board's Academic Common
219	Market graduate students attending Florida's state universities.
220	(g)  Full-time employees of state agencies or political
221	subdivisions of the state when the student fees are paid by the
222	state agency or political subdivision for the purpose of job-
223	related law enforcement or corrections training.
224	(h)  McKnight Doctoral Fellows and Finalists who are United
225	States citizens.
226	(i)  United States citizens living outside the United
227	States who are teaching at a Department of Defense Dependent
228	School or in an American International School and who enroll in
229	a graduate level education program which leads to a Florida
230	teaching certificate.
231	(j)  Active duty members of the Canadian military residing
232	or stationed in this state under the North American Air Defense
233	(NORAD) agreement, and their spouses and dependent children,
234	attending a community college or state university within 50
235	miles of the military establishment where they are stationed.
236	(k)  Active duty members of a foreign nation's military who
237	are serving as liaison officers and are residing or stationed in
238	this state, and their spouses and dependent children, attending
239	a community college or state university within 50 miles of the
240	military establishment where the foreign liaison officer is
241	stationed.
242	(11)  The State Board of Education and the Board of
243	Governors shall adopt rules to implement this section.
244	Section 2.  Subsection (4) of section 1009.23, Florida
245	Statutes, is amended to read:
246	1009.23  Community college student fees.--
247	(4)  Each community college board of trustees shall
248	establish tuition and out-of-state fees, which may vary no more
249	than 10 percent below and 15 percent above the combined total of
250	the standard tuition and fees established in subsection (3),
251	provided that any amount from 10 to 15 percent above the
252	standard tuition and fees established in subsection (3) shall be
253	used only to support safety and security purposes. In order to
254	assess an additional amount for safety and security purposes, a
255	community college board of trustees must provide written
256	justification to the State Board of Education based on criteria
257	approved by the board of trustees, including, but not limited
258	to, criteria such as local crime data and information, and
259	strategies for the implementation of local safety plans. Should
260	a college decide to increase the tuition and fees, the funds
261	raised by increasing the tuition and fees must be expended
262	solely for additional safety and security purposes and shall not
263	supplant funding expended in the 1998-1999 budget for safety and
264	security purposes.
265	Section 3.  Paragraph (c) of subsection (4) of section
266	1009.24, Florida Statutes, is amended to read:
267	1009.24  State university student fees.--
268	(4)
269	(c)  The Board of Governors, or the board's designee, may
270	establish tuition for graduate and professional programs, and
271	out-of-state fees for all programs. The sum of tuition and out-
272	of-state fees assessed to nonresident students must be
273	sufficient to offset the full instructional cost of serving such
274	students. However, adjustments to out-of-state fees or tuition
275	for graduate programs and pursuant to this section may not
276	exceed 10 percent in any year, and adjustments to out-of-state
277	fees or tuition for professional programs may not exceed 15
278	percent in any year.
279	Section 4.  Paragraph (a) of subsection (5) of section
280	1009.53, Florida Statutes, is amended, and subsection (11) is
281	added to that section, to read:
282	1009.53  Florida Bright Futures Scholarship Program.--
283	(5)  The department shall issue awards from the scholarship
284	program annually. Annual awards may be for up to 45 semester
285	credit hours or the equivalent. Before the registration period
286	each semester, the department shall transmit payment for each
287	award to the president or director of the postsecondary
288	education institution, or his or her representative, except that
289	the department may withhold payment if the receiving institution
290	fails to report or to make refunds to the department as required
291	in this section.
292	(a)  Within 30 days after the end of regular registration
293	each semester, the educational institution shall certify to the
294	department the eligibility status of each student who receives
295	an award. After the end of the drop and add period, an
296	institution is not required to reevaluate or revise a student's
297	eligibility status; however, an institution but must make a
298	refund to the department within 30 days after the end of the
299	semester of any funds received for courses dropped by students
300	after the end of the drop and add period or courses from which
301	students withdraw after the end of the drop and add period
302	unless a student has dropped or withdrawn from the course due to
303	a verifiable illness or other documented emergency if a student
304	who receives an award disbursement terminates enrollment for any
305	reason during an academic term and a refund is permitted by the
306	institution's refund policy.
307	(11)  Funds for any scholarship within the Florida Bright
308	Futures Scholarship Program may not be used to pay for courses
309	dropped after the end of the drop and add period or courses from
310	which students withdraw after the end of the drop and add period
311	except as otherwise provided in this section. The department
312	shall notify eligible recipients of the provisions of this
313	subsection. Each institution shall notify award recipients of
314	the provisions of this subsection during the registration
315	process.
316	Section 5.  Paragraph (a) of subsection (1) of section
317	1009.532, Florida Statutes, is amended to read:
318	1009.532  Florida Bright Futures Scholarship Program;
319	student eligibility requirements for renewal awards.--
320	(1)  To be eligible to renew a scholarship from any of the
321	three types of scholarships under the Florida Bright Futures
322	Scholarship Program, a student must:
323	(a)  Effective with students funded in the 2009-2010
324	academic year and thereafter, earn complete at least 24 12
325	semester credit hours or the equivalent in the last academic
326	year in which the student earned a scholarship if the student
327	was enrolled full time or earn a prorated number of credit hours
328	as determined by the Department of Education if the student was
329	enrolled less than full time for any part of the academic year.
330	If a student fails to earn the minimum number of hours required
331	to renew the scholarship, the student shall lose his or her
332	eligibility for renewal for a period equivalent to one academic
333	year. The student is eligible to restore the award the following
334	academic year if the student earns the hours for which the
335	student was enrolled at the level defined by the department and
336	meets the grade point average for renewal. A student is eligible
337	for such a restoration one time. The department shall notify
338	eligible recipients of the requirements of this paragraph. Each
339	institution shall notify award recipients of the requirements of
340	this paragraph during the registration process.
341	Section 6.  Subsection (1) and paragraph (c) of subsection
342	(2) of section 1009.55, Florida Statutes, are amended to read:
343	1009.55  Rosewood Family Scholarship Program.--
344	(1)  There is created a Rosewood Family Scholarship Program
345	for minority persons with preference given to the direct
346	descendants of the Rosewood families, not to exceed 25
347	scholarships per year. Funds appropriated by the Legislature for
348	the program shall be deposited in the State Student Financial
349	Assistance Trust Fund.
350	(2)  The Rosewood Family Scholarship Program shall be
351	administered by the Department of Education. The State Board of
352	Education shall adopt rules for administering this program which
353	shall at a minimum provide for the following:
354	(c)  The department shall rank eligible initial applicants
355	for the purposes of awarding scholarships with preference being
356	given to the direct descendants of the Rosewood families. The
357	remaining applicants shall be ranked based on need as determined
358	by the Department of Education.
359	Section 7.  Paragraph (b) of subsection (2) and paragraphs
360	(b) and (c) of subsection (3) of section 1009.57, Florida
361	Statutes, is amended to read:
362	1009.57  Florida Teacher Scholarship and Forgivable Loan
363	Program.--
364	(2)  Within the Florida Teacher Scholarship and Forgivable
365	Loan Program shall be established the "Chappie" James Most
366	Promising Teacher Scholarship which shall be offered to a top
367	graduating senior from each public secondary school in the
368	state. An additional number of "Chappie" James Most Promising
369	Teacher Scholarship awards shall be offered annually to
370	graduating seniors from private secondary schools in the state
371	which are listed with the Department of Education and accredited
372	by the Southern Association of Colleges and Schools or any other
373	private statewide accrediting agency which makes public its
374	standards, procedures, and member schools. The private secondary
375	schools shall be in compliance with regulations of the Office
376	for Civil Rights. The number of awards to private secondary
377	school students shall be proportional to the number of awards
378	available to public secondary school students and shall be
379	calculated as the ratio of the number of private to public
380	secondary school seniors in the state multiplied by the number
381	of public secondary schools in the state.
382	(b)  The amount of the scholarship shall be prorated based
383	on available appropriations and may not exceed is $1,500 per
384	year. The scholarship and may be renewed for 1 year if the
385	student earns a 2.5 cumulative grade point average and 12 credit
386	hours per term and meets the eligibility requirements for
387	renewal of the award.
388	(3)
389	(b)  An undergraduate forgivable loan may be awarded for 2
390	undergraduate years, not to exceed $4,000 per year, or for a
391	maximum of 3 years for programs requiring a fifth year of
392	instruction to obtain initial teaching certification. The amount
393	of the undergraduate forgivable loan shall be prorated based on
394	available appropriations and may not exceed $4,000 per year.
395	(c)  A graduate forgivable loan may be awarded for 2
396	graduate years. The amount of the graduate forgivable loan shall
397	be prorated based on available appropriations and may, not to
398	exceed $8,000 per year. In addition to meeting criteria
399	specified in paragraph (a), a loan recipient at the graduate
400	level shall:
401	1.  Hold a bachelor's degree from any college or university
402	accredited by a regional accrediting association as defined by
403	State Board of Education rule.
404	2.  Not already hold a teaching certificate resulting from
405	an undergraduate degree in education in an area of critical
406	teacher shortage as designated by the State Board of Education.
407	3.  Not have received an undergraduate forgivable loan as
408	provided for in paragraph (b).
409	Section 8.  Subsection (3) of section 1009.58, Florida
410	Statutes, is amended to read:
411	1009.58  Critical teacher shortage tuition reimbursement
412	program.--
413	(3)  Participants may receive tuition reimbursement
414	payments for up to 9 semester hours, or the equivalent in
415	quarter hours, per year. The amount of the reimbursement per
416	semester hour shall be prorated based on available
417	appropriations and may not, at a rate not to exceed $78 per
418	semester hour, up to a total of 36 semester hours. All tuition
419	reimbursements shall be contingent on passing an approved course
420	with a minimum grade of 3.0 or its equivalent.
421	Section 9.  Subsection (2) of section 1009.59, Florida
422	Statutes, is amended to read:
423	1009.59  Critical Teacher Shortage Student Loan Forgiveness
424	Program.--
425	(2)  From the funds available, The Department of Education
426	may make loan principal repayments, which shall be prorated
427	based on available appropriations as follows:
428	(a)  Up to $2,500 a year for up to 4 years on behalf of
429	selected graduates of state-approved undergraduate postsecondary
430	teacher preparation programs, persons certified to teach
431	pursuant to any applicable teacher certification requirements,
432	or selected teacher preparation graduates from any state
433	participating in the Interstate Agreement on the Qualification
434	of Educational Personnel.
435	(b)  Up to $5,000 a year for up to 2 years on behalf of
436	selected graduates of state-approved graduate postsecondary
437	teacher preparation programs, persons with graduate degrees
438	certified to teach pursuant to any applicable teacher
439	certification requirements, or selected teacher preparation
440	graduates from any state participating in the Interstate
441	Agreement on the Qualification of Educational Personnel.
442	(c)  All repayments shall be contingent on continued proof
443	of employment in the designated subject areas in this state and
444	shall be made directly to the holder of the loan. The state
445	shall not bear responsibility for the collection of any interest
446	charges or other remaining balance. In the event that designated
447	critical teacher shortage subject areas are changed by the State
448	Board of Education, a teacher shall continue to be eligible for
449	loan forgiveness as long as he or she continues to teach in the
450	subject area for which the original loan repayment was made and
451	otherwise meets all conditions of eligibility.
452	Section 10.  Subsections (1) and (3) of section 1009.60,
453	Florida Statutes, are amended to read:
454	1009.60  Minority teacher education scholars
455	program.--There is created the minority teacher education
456	scholars program, which is a collaborative performance-based
457	scholarship program for African-American, Hispanic-American,
458	Asian-American, and Native American students. The participants
459	in the program include Florida's community colleges and its
460	public and private universities that have teacher education
461	programs.
462	(1)  The minority teacher education scholars program shall
463	provide an annual scholarship in an amount that shall be
464	prorated based on available appropriations and may not exceed of
465	$4,000 for each approved minority teacher education scholar who
466	is enrolled in one of Florida's public or private universities
467	in the junior year and is admitted into a teacher education
468	program.
469	(3)  The total amount appropriated annually for new
470	scholarships in the program must be divided by $4,000 and by the
471	number of participating colleges and universities. Each
472	participating institution has access to the same number of
473	scholarships and may award all of them to eligible minority
474	students. If a college or university does not award all of its
475	scholarships by the date set by the program administration at
476	the Florida Fund for Minority Teachers, Inc., the remaining
477	scholarships must be transferred to another institution that has
478	eligible students. If the total amount appropriated for new
479	scholarships is insufficient to award $4,000 to each eligible
480	student, the amount of the scholarship shall be prorated based
481	on available appropriations.
482	Section 11.  Subsection (2) of section 1009.605, Florida
483	Statutes, is amended to read:
484	1009.605  Florida Fund for Minority Teachers, Inc.--
485	(2)(a)  The corporation shall submit an annual budget
486	projection to the Department of Education to be included in the
487	annual legislative budget request. The projection must be based
488	on a 7-year plan that would be capable of awarding the following
489	schedule of scholarships:
490	1.(a)  In the initial year, 700 scholarships of $4,000 each
491	to scholars in the junior year of college.
492	2.(b)  In the second year, 350 scholarships to new scholars
493	in their junior year and 700 renewal scholarships to the rising
494	seniors.
495	3.(c)  In each succeeding year, 350 scholarships to new
496	scholars in the junior year and renewal scholarships to the 350
497	rising seniors.
498	(b)  The corporation shall report to the Department of
499	Education, by the date established by the department, the
500	eligible students to whom scholarship moneys are disbursed each
501	academic term and any other information requested by the
502	department in accordance with s. 1009.94. Within 60 days after
503	the end of each fiscal year, the corporation shall remit to the
504	department any appropriated funds that were not distributed for
505	scholarships, less the 5 percent for administration, including
506	administration of the required training program, authorized
507	pursuant to subsection (3).
508	Section 12.  Paragraph (e) of subsection (5) of section
509	1009.701, Florida Statutes, is amended to read:
510	1009.701  First Generation Matching Grant Program.--
511	(5)  In order to be eligible to receive a grant pursuant to
512	this section, an applicant must:
513	(e)  Have met the eligibility requirements in s. 1009.50
514	for demonstrated financial need for the Florida Public Student
515	Assistance Grant Program by completing the Free Application for
516	Federal Student Aid.
517	Section 13.  Subsections (2) and (3) of section 1009.94,
518	Florida Statutes, are amended to read:
519	1009.94  Student financial assistance database.--
520	(2)  For purposes of this section, financial assistance
521	includes:
522	(a)  For all students, any scholarship, grant, loan, fee
523	waiver, tuition assistance payment, or other form of
524	compensation provided from state or federal funds.
525	(b)  For students attending public institutions, any
526	scholarship, grant, loan, fee waiver, tuition assistance
527	payment, or other form of compensation supported by
528	institutional funds.
529	(c)  Any financial assistance provided under s. 1009.50, s.
530	1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
531	1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
532	1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
533	1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
534	(3)  The database must include records on any student
535	receiving any form of financial assistance as described in
536	subsection (2). Each institution Institutions participating in
537	any state financial assistance program under paragraph (2)(c)
538	shall annually report submit such information to the Department
539	of Education, by the date and in a format prescribed by the
540	department and consistent with the provisions of s. 1002.22, the
541	eligible students to whom financial assistance is disbursed each
542	academic term, the eligibility requirements for recipients, and
543	the aggregate demographics of recipients.
544	Section 14.  Paragraphs (a), (b), and (c) of subsection (2)
545	of section 1009.98, Florida Statutes, are amended, and
546	subsection (10) is added to that section, to read:
547	1009.98  Stanley G. Tate Florida Prepaid College Program.--
548	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
549	make advance payment contracts available for two independent
550	plans to be known as the community college plan and the
551	university plan. The board may also make advance payment
552	contracts available for a dormitory residence plan. The board
553	may restrict the number of participants in the community college
554	plan, university plan, and dormitory residence plan,
555	respectively. However, any person denied participation solely on
556	the basis of such restriction shall be granted priority for
557	participation during the succeeding year.
558	(a)1.  Through the community college plan, the advance
559	payment contract may shall provide prepaid registration fees for
560	a specified number of undergraduate semester credit hours not to
561	exceed the average number of hours required for the conference
562	of an associate degree. Qualified beneficiaries shall bear the
563	cost of any laboratory fees associated with enrollment in
564	specific courses. Each qualified beneficiary shall be classified
565	as a resident for tuition purposes, pursuant to s. 1009.21,
566	regardless of his or her actual legal residence.
567	2.  Effective July 1, 1998, the board may provide advance
568	payment contracts for additional fees delineated in s. 1009.23,
569	not to exceed the average number of hours required for the
570	conference of an associate degree, in conjunction with advance
571	payment contracts for registration fees. Community college plan
572	contracts purchased prior to July 1, 1998, shall be limited to
573	the payment of registration fees as defined in s. 1009.97.
574	3.  Effective July 1, 2009, the board may provide an
575	advance payment contract for the community college plan covering
576	prepaid registration fees and the additional fees delineated in
577	s. 1009.23. Such a contract may be offered in specific
578	increments usable toward an associate degree. The total number
579	of hours purchased for a qualified beneficiary may not exceed
580	the average number of hours required for the conference of an
581	associate degree.
582	(b)1.  Through the university plan, the advance payment
583	contract may shall provide prepaid registration fees for a
584	specified number of undergraduate semester credit hours not to
585	exceed the average number of hours required for the conference
586	of a baccalaureate degree. Qualified beneficiaries shall bear
587	the cost of any laboratory fees associated with enrollment in
588	specific courses. Each qualified beneficiary shall be classified
589	as a resident for tuition purposes pursuant to s. 1009.21,
590	regardless of his or her actual legal residence.
591	2.  Effective July 1, 1998, the board may provide advance
592	payment contracts for additional fees delineated in s.
593	1009.24(9)-(12), for a specified number of undergraduate
594	semester credit hours not to exceed the average number of hours
595	required for the conference of a baccalaureate degree, in
596	conjunction with advance payment contracts for registration
597	fees. Such contracts shall provide prepaid coverage for the sum
598	of such fees, to a maximum of 45 percent of the cost of
599	registration fees. University plan contracts purchased prior to
600	July 1, 1998, shall be limited to the payment of registration
601	fees as defined in s. 1009.97.
602	3.  Effective July 1, 2007, the board may provide advance
603	payment contracts for the tuition differential authorized in s.
604	1009.24(16) for a specified number of undergraduate semester
605	credit hours, which may not exceed the average number of hours
606	required for the conference of a baccalaureate degree, in
607	conjunction with advance payment contracts for registration
608	fees.
609	4.  Effective July 1, 2009, the board may provide an
610	advance payment contract for the university plan covering
611	prepaid registration fees, the additional fees delineated in s.
612	1009.24(9)-(12), and the tuition differential authorized in s.
613	1009.24(16). Such a contract may be offered in specific
614	increments usable toward a baccalaureate degree. The total
615	number of hours purchased for a qualified beneficiary may not
616	exceed the average number of hours required for the conference
617	of a baccalaureate degree.
618	(c)  The cost of participation in contracts authorized
619	under paragraph (a) or paragraph (b) shall be based primarily on
620	the current and projected registration fees within the Florida
621	Community College System or the State University System,
622	respectively, that are included in the plan, the number of
623	credit hours or semesters included in the plan, and the number
624	of years expected to elapse between the purchase of the plan on
625	behalf of a qualified beneficiary and the exercise of the
626	benefits provided in the plan by such beneficiary.
627	(10)  PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.--
628	(a)  For the purposes of this subsection:
629	1.  "Actuarial reserve" means the amount by which the
630	expected value of the assets of the trust fund exceed the
631	expected value of the liabilities of the trust fund.
632	2.  "Fiscal year" means the state fiscal year pursuant to
633	s. 215.01.
634	3.  "Local fees" means the fees covered by an advance
635	payment contract provided pursuant to subparagraph (2)(b)2.
636	4.  "Tuition differential" means the fee covered by an
637	advance payment contract provided pursuant to subparagraph
638	(2)(b)3. The base rate for the tuition differential for fiscal
639	year 2012-2013 is established at $37.03 per credit hour. The
640	base rate for the tuition differential in subsequent years is
641	the amount paid by the board for the tuition differential for
642	the preceding year adjusted pursuant to subparagraph (b)2.
643	(b)  Effective with the 2009-2010 academic year and each
644	academic year thereafter and notwithstanding s. 1009.24, the
645	amount paid by the board to any state university on behalf of a
646	qualified beneficiary of an advance payment contract whose
647	contract was purchased prior to July 1, 2009, shall be as
648	follows:
649	1.  As to registration fees, if the actuarial reserve is
650	less than 5 percent of the expected value of the liabilities of
651	the trust fund, the board shall pay the state universities 5.5
652	percent above the amount assessed for registration fees in the
653	preceding fiscal year. If the actuarial reserve is between 5
654	percent and 6 percent of the expected value of the liabilities
655	of the trust fund, the board shall pay the state universities 6
656	percent above the amount assessed for registration fees in the
657	preceding fiscal year. If the actuarial reserve is between 6
658	percent and 7.5 percent of the expected value of the liabilities
659	of the trust fund, the board shall pay the state universities
660	6.5 percent above the amount assessed for registration fees in
661	the preceding fiscal year. If the actuarial reserve is equal to
662	or greater than 7.5 percent of the expected liabilities of the
663	trust fund, the board shall pay the state universities 7 percent
664	above the amount assessed for registration fees in the preceding
665	fiscal year.
666	2.  As to the tuition differential, if the actuarial
667	reserve is less than 5 percent of the expected value of the
668	liabilities of the trust fund, the board shall pay the state
669	universities 5.5 percent above the base rate for the tuition
670	differential in the preceding fiscal year. If the actuarial
671	reserve is between 5 percent and 6 percent of the expected value
672	of the liabilities of the trust fund, the board shall pay the
673	state universities 6 percent above the base rate for the tuition
674	differential in the preceding fiscal year. If the actuarial
675	reserve is between 6 percent and 7.5 percent of the expected
676	value of the liabilities of the trust fund, the board shall pay
677	the state universities 6.5 percent above the base rate for the
678	tuition differential in the preceding fiscal year. If the
679	actuarial reserve is equal to or greater than 7.5 percent of the
680	expected value of the liabilities of the trust fund, the board
681	shall pay the state universities 7 percent above the base rate
682	for the tuition differential in the preceding fiscal year.
683	Qualified beneficiaries of advance payment contracts purchased
684	prior to or on July 1, 2007, shall be exempt from paying the
685	tuition differential.
686	3.  As to local fees, the board shall pay the state
687	universities 5 percent above the amount assessed for local fees
688	in the preceding fiscal year.
689	4.  As to dormitory fees, the board shall pay the state
690	universities 6 percent above the amount assessed for dormitory
691	fees in the preceding fiscal year.
692	(c)  The board shall pay state universities the actual
693	amount assessed in accordance with law for registration fees and
694	the tuition differential for advance payment contracts purchased
695	on or after July 1, 2009.
696	(d)  The board shall annually evaluate or cause to be
697	evaluated the actuarial soundness of the trust fund.
698	Section 15.  Section 1011.521, Florida Statutes, is created
699	to read:
700	1011.521  Appropriation to private colleges and
701	universities.--
702	(1)  Subject to the provisions of this section, the
703	Legislature may provide an annual appropriation to support
704	Florida private colleges and universities. Such appropriations
705	may be used to provide access to Florida residents seeking a
706	postsecondary education, to fulfill the state's need for
707	graduates in specific disciplines, and to support medical
708	research.
709	(2)  Each institution receiving an appropriation under this
710	section shall submit a proposed expenditure plan to the
711	Department of Education by the date and in the format
712	established by the department.
713	(3)  By September 1 of each fiscal year, each institution
714	receiving an appropriation under this section shall submit a
715	report to the Department of Education detailing expenditures of
716	the funds received under this section in the preceding fiscal
717	year. Any funds used to provide financial assistance to students
718	shall be reported to the department in accordance with s.
719	1009.94.
720	(4)  An institution may not expend any of the funds
721	received under this section for the construction of any
722	buildings.
723	Section 16.  Sections 1009.76 and 1009.765, Florida
724	Statutes, are repealed.
725	Section 17.  Paragraph (a) of subsection (1) of section
726	1009.40, Florida Statutes, is amended to read:
727	1009.40  General requirements for student eligibility for
728	state financial aid awards and tuition assistance grants.--
729	(1)(a)  The general requirements for eligibility of
730	students for state financial aid awards and tuition assistance
731	grants consist of the following:
732	1.  Achievement of the academic requirements of and
733	acceptance at a state university or community college; a nursing
734	diploma school approved by the Florida Board of Nursing; a
735	Florida college, university, or community college which is
736	accredited by an accrediting agency recognized by the State
737	Board of Education; any Florida institution the credits of which
738	are acceptable for transfer to state universities; any career
739	center; or any private career institution accredited by an
740	accrediting agency recognized by the State Board of Education.
741	2.  Residency in this state for no less than 1 year
742	preceding the award of aid or a tuition assistance grant for a
743	program established pursuant to s. 1009.50, s. 1009.505, s.
744	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
745	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
746	1009.72, s. 1009.73, s. 1009.76, s. 1009.77, s. 1009.89, or s.
747	1009.891. Residency in this state must be for purposes other
748	than to obtain an education. Resident status for purposes of
749	receiving state financial aid awards shall be determined in the
750	same manner as resident status for tuition purposes pursuant to
751	s. 1009.21.
752	3.  Submission of certification attesting to the accuracy,
753	completeness, and correctness of information provided to
754	demonstrate a student's eligibility to receive state financial
755	aid awards or tuition assistance grants. Falsification of such
756	information shall result in the denial of any pending
757	application and revocation of any award or grant currently held
758	to the extent that no further payments shall be made.
759	Additionally, students who knowingly make false statements in
760	order to receive state financial aid awards or tuition
761	assistance grants commit a misdemeanor of the second degree
762	subject to the provisions of s. 837.06 and shall be required to
763	return all state financial aid awards or tuition assistance
764	grants wrongfully obtained.
765	Section 18.  Notwithstanding s. 1010.62, Florida Statutes,
766	revenue bonds may be secured by or made payable from lease
767	payments from the Miami-Dade County Health Department of the
768	Department of Health to Florida International University for
769	rental of space within Florida International University's public
770	health facility. The Legislature finds that such action is
771	consistent with the mission of the university. The financial
772	structure of any debt used to fund the public health facility
773	must be in conformity with the debt management guidelines of the
774	Board of Governors of the State University System and must be
775	approved by the Board of Governors pursuant to s. 1010.62,
776	Florida Statutes.
777	Section 19.  This act shall take effect July 1, 2009.
778
779
780	-----------------------------------------------------
781	T I T L E  A M E N D M E N T
782	Remove the entire title and insert:
783	A bill to be entitled
784	An act relating to postsecondary education funding; amending s.
785	1009.21, F.S., relating to determination of resident status for
786	tuition purposes; revising definitions; revising provisions
787	relating to qualification as a resident for tuition purposes;
788	providing for reclassification of status; providing duties of
789	institutions of higher education; amending s. 1009.23, F.S.;
790	deleting the requirement that a community college board of
791	trustees use a specified portion of tuition and fees to support
792	safety and security purposes; amending s. 1009.24, F.S.;
793	revising maximum annual adjustments to out-of-state fees or
794	tuition for graduate programs at state universities; amending s.
795	1009.53, F.S., relating to the Florida Bright Futures
796	Scholarship Program; revising provisions relating to a refund to
797	the Department of Education of funds received by a postsecondary
798	educational institution for certain courses; prohibiting the use
799	of funds for certain purposes; requiring the department and
800	institutions to notify students of certain information; amending
801	s. 1009.532, F.S., relating to the Florida Bright Futures
802	Scholarship Program; revising credit-hour requirements for
803	renewal of a scholarship; providing for restoration of
804	eligibility; requiring the department and institutions to notify
805	students of certain information; amending s. 1009.55, F.S.;
806	limiting eligibility for the Rosewood Family Scholarship Program
807	to direct descendants; deleting obsolete language; amending ss.
808	1009.57, 1009.58, 1009.59, and 1009.60, F.S.; revising
809	provisions relating to the Florida Teacher Scholarship and
810	Forgivable Loan Program, the Critical Teacher Shortage Tuition
811	Reimbursement Program, the Critical Teacher Shortage Student
812	Loan Forgiveness Program, and the Minority Teacher Education
813	Scholars Program; requiring that the amount of awards under such
814	programs be prorated based on available appropriations and not
815	exceed specified amounts; amending s. 1009.605, F.S.; requiring
816	the Florida Fund for Minority Teachers, Inc., to submit a report
817	on scholarship recipients and remit undistributed funds to the
818	Department of Education; amending s. 1009.701, F.S.; requiring
819	applicants under the First Generation Matching Grant Program to
820	meet specified eligibility requirements; amending s. 1009.94,
821	F.S.; providing reporting requirements for postsecondary
822	institutions participating in certain state student financial
823	assistance programs; amending s. 1009.98, F.S.; authorizing the
824	Florida Prepaid College Board to provide advance payment
825	contracts based on specific increments usable toward an
826	associate or baccalaureate degree; providing definitions;
827	providing for payments on behalf of qualified beneficiaries with
828	contracts purchased prior to July 1, 2009; providing for
829	increases in payments; providing an exemption from the payment
830	of certain fees; requiring evaluation of the actuarial soundness
831	of the Florida Prepaid College Trust Fund; creating s. 1011.521,
832	F.S.; authorizing appropriations to private colleges and
833	universities for specified uses; providing reporting
834	requirements and restrictions on expenditures; repealing ss.
835	1009.76 and 1009.765, F.S., relating to Ethics in Business
836	scholarships; amending s. 1009.40, F.S.; deleting a cross-
837	reference to conform; providing an exemption from requirements
838	relating to revenue bonds and debt for the rental of space
839	within a specified public health facility; providing an
840	effective date.
841

CODING: Words stricken are deletions; words underlined are additions.